Research On Environmental Civil Public Interest Litigation Initiated By Procuratorial Organs

Although the civil procedure law which has been revised before established the civil public interest litigation system,and the plaintiff standing of the civil public interest litigation is confirmed as the authority of law and the related organization,but it does not specify the specific scope of the "statutory bodies" and "relevant organizations prescribed by law".The environmental protection law,amended in 2014,further stipulates the conditions for social organization to bring up the lawsuits of environmental civil public interest.But it not involve the agencies than can bring up the lawsuits of environmental public interest and the "legal authorities" whether include the procuratorial organs.In 2015,as the procuratorial organs launched pilot public interest litigation,the procuratorial organs began to conduct normative research in this field.On July 2,the highest detection platform,the Procuratorial Organs Initiated Public Interest Litigation Reform Pilot Scheme(hereinafter referred to as the"pilot scheme"),was based on the distinction between civil cases and administrative cases.According to the complete process of litigation,the necessary elements of procedural law are included in the reform plan.The promulgation of this document has significantly promoted the judicial practice process in this field.These regulations are of great practical significance to promote environmental civil public interest litigation in China.In 2017,the permanent committee of the People's Congress adopted to amend the civil procedure law.The second paragraph was added to Article 55 of the amended civil procedure law.The people's procuratorates can bring a lawsuit in people's court when they find that damage to the ecological environment and the protection of resources are harmful to the public interests in performing their duties and in the absence of any action by the organs and organizations specified in the preceding paragraph.This means that the procuratorial organs have been established as the main position of environmental civil public interest litigation at the legislative level.However,it should be noted that the pilot scheme and the revised Civil Procedure Law only have a tentative and principled stipulation on the environmental civil public interest litigation brought by the procuratorial organ,and some of the provisions are still rough.For example,how do procuratorial organs link up public interests and private interests in environmental public interest litigation?In the civil litigation of environmental public interest,the procedure for each stage of procuratorial organs should not be clear.There is still room for further discussion on the specific program design of environmental public interest litigation.The author works in the procuratorial organ,where the working unit has tried and explored the environmental public interest litigation for many years,and summed up the working method with its own characteristics.However,it is also found that the procuratorial organs have a lot of practical difficulties,such as unreasonable establishment of jurisdiction in environmental public interest litigation,poor connection of judicial enforcement,unclear distribution of burden of proof,etc.The jurisdiction system of environmental public interest litigation,the procedure of prosecution and the distribution of burden of proof,etc.,have further perfect space.The purpose of this paper is to analyze and study the deficiencies in the procedural design of civil public interest lawsuits brought by the procuratorial organs and the practical difficulties encountered in practice.On the basis of reviewing the mature and advanced practice of environmental civil public interest litigation in foreign countries,the author puts forward the idea and suggestion that the procuratorial organs bring up the environmental civil public interest litigation in order that the procuratorates can correctly,fully exercise their functions and powers,intensify efforts to crack down on major cases of damage and pollution.The outlaws will be effectively and timely disposed so that the public interests of the society are protected and safeguarded by the law.